BNS Section 20: Act of a child under seven years of age (2026)
What Section 20 of the Bharatiya Nyaya Sanhita (BNS) says about an act done by a child under seven years of age, how it maps to Section 82 of the IPC, and why it is a complete defence. Last verified October 2026.
Explainer · Criminal Law · BNS
Section 20 of the Bharatiya Nyaya Sanhita (BNS) says that nothing is an offence which is done by a child under seven years of age. It is a complete defence. A child below seven cannot be held criminally liable at all. Section 20 replaced Section 82 of the Indian Penal Code (IPC) from 1 July 2024. This explainer sets out what the section covers, how it maps to the old law, and how it works with the next age rule. Last verified October 2026.
- New section: an act of a child under seven is covered by Section 20 of the BNS, in force since 1 July 2024.
- Old section: it replaced Section 82 of the IPC. The rule is unchanged.
- Effect: nothing is an offence which is done by a child under seven years of age. It is a complete defence.
- Nature: a general exception, based only on age. The child need not prove immaturity.
01Why the age rule matters
Criminal law punishes a guilty mind. A very young child cannot form that guilty mind, so the law gives a clear cut-off. Section 20 of the BNS fixes the youngest line: a child under seven years of age cannot commit an offence at all.
Since 1 July 2024 the Indian Penal Code (IPC) is replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS). The old Section 82 rule now sits in Section 20. The age and the effect are unchanged, so if you earlier cited "Section 82 IPC" for a child defence, you now cite Section 20 of the BNS.
02What Section 20 says
Section 20 of the BNS reads: nothing is an offence which is done by a child under seven years of age. That is the whole rule. It is short and absolute.
This is a general exception. It does not create an offence and carries no punishment. Instead, it takes an act out of the criminal law entirely when the person who did it was below seven at the time. The exemption is based only on age. The child need not prove anything about understanding or maturity.
A complete defence
If the accused was under seven when the act was done, there is no offence, full stop. No conviction can follow, whatever the act was.
03Why children under seven are exempt
The exemption rests on a simple idea, called doli incapax, which means incapable of crime. A child under seven is treated, as a matter of law, as unable to form the intention or knowledge that a crime needs. The law does not ask the court to test each child. It presumes the incapacity without exception.
A child under seven is presumed, without exception, to be incapable of committing a crime.
This is different from the next age band. For a child of seven years and above but under twelve, there is a defence only if the child had not attained enough understanding to judge the nature and consequences of the act. That is a separate section in the BNS and it is not absolute. Section 20 is the one age band where the exemption is total.
04Old to new: IPC 82 to BNS 20
Section 82 of the IPC is now Section 20 of the BNS. The age of seven and the complete immunity are carried over without change.
| Point | Old law (IPC) | New law (BNS) |
|---|---|---|
| Act of a child under seven | Section 82 | Section 20 |
| Child seven and above, under twelve | Section 83 | Section 21 |
| Effect | Complete immunity under seven | Complete immunity under seven |
Because the rule is unchanged, decisions decided under Section 82 of the IPC still apply to Section 20. The only real change is the section number.
05How it works in practice
In practice, the first question is age at the time of the act, not age at trial. If the record shows the child was under seven when the act was done, the exemption applies even if the child is older by the time the matter reaches court. Proof of age, such as a birth certificate or a school record, becomes the key issue.
Section 20 sits among the general exceptions, alongside defences such as an act of a person of unsound mind under Section 22. These exceptions all work the same way: they admit the act but remove criminal liability because of who did it or the state they were in.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
When you argue or resist a child-age defence, you usually need to see how courts have handled proof of age and the exemption on similar facts. Claw lets you search more than 30 crore judgments and track the cases, orders and hearings on this section by party or advocate name, across 9,102 courts, benches and forums, with results in under five seconds, so you can pull how a court has applied the old Section 82 or the new Section 20, or follow a live matter.
Claw does not use customer case documents to train its AI models, so your file stays private. Create a free Claw account to look up child-age defence matters by party or advocate name. To search the wider body of law, see case search across Indian courts.
07Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Section 20, BNS (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
08Frequently asked questions
What is Section 82 IPC in the BNS?
Section 82 of the IPC, which exempts an act done by a child under seven years of age, is now Section 20 of the Bharatiya Nyaya Sanhita, 2023. The age of seven and the complete immunity are carried over unchanged.
Can a child under seven be charged with a crime in India?
No. Under Section 20 of the BNS, nothing is an offence which is done by a child under seven years of age. The exemption is absolute, so no criminal charge can stand against such a child.
Does the child have to prove immaturity under Section 20?
No. Section 20 is based only on age. If the child was under seven when the act was done, the exemption applies automatically. Unlike the next age band, there is no test of understanding.
What about a child of seven or older?
A different rule applies. For a child of seven years and above but under twelve, there is a defence only if the child had not attained enough understanding to judge the nature and consequences of the act. That is a separate section of the BNS and it is not absolute.
Which age counts, age at the act or age at trial?
Age at the time of the act. If the record shows the child was under seven when the act was done, the exemption under Section 20 applies, even if the child is older by the time the matter reaches court.
Can I track a case involving Section 20 in Claw?
Yes. Claw gathers the cases, orders and hearings that turn on the child-age exemption from 9,102 courts, benches and forums, searchable by party or advocate name, with results in under five seconds. It researches and tracks the matter but does not give legal advice.